I am confused by the right to counsel under Miranda and the 6th.
2007-12-03 05:16:58 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Right to counsel under Miranda applies to custodial interrogation. Right to counsel under the 6th amendment applies to representation at trial. One can waive either or both.
2007-12-03 05:24:45 · answer #1 · answered by jurydoc 7 · 1⤊ 0⤋
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
What the 6th means is that you can if you choose can have counsel help you with your defense, and that the state can not prevent you from having counsel i.e. a lawyer. But you don’t HAVE to have a lawyer if you don’t want one; it’s your right either way.
Miranda is the state’s way of informing your of your rights, you can waive them if you choose. That is you can talk to the police without a lawyer being present if you choose. In most states once you ask for a lawyer, the questioning must stop, even if you state you don’t want one later. That’s to prevent you from saying the state, i.e. the police talked you out of have a lawyer present.
If you wave your right to counsel, you wave it under the 6th. Miranda is just informing you of your rights. Miranda doesn’t give you any rights, it’s there to inform you of your rights, so when you wave your rights to counsel its under the 6th amendment.
Hope it cleared it up for you if not post and edit and I’ll try and help.
2007-12-03 06:01:30 · answer #2 · answered by Richard 7 · 0⤊ 0⤋
If you are being questioned about an incident while you have been placed under arrest you have the right to remain silent, right to council at the time of questioning and court. These can be waived.
If you are not under arrest you have the right to tell the police to leave you alone.
2007-12-03 05:25:14 · answer #3 · answered by Kevy 7 · 0⤊ 0⤋
That has been up for debate because the founding fathers wrote the structure in 1776. this is like Oliver Wendell Holmes' quote on pornography, "i can not describe it, yet i comprehend it after I see it."
2016-10-25 09:12:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You never have to waive your rights. You may choose to if you think it is to your benefit, but don't do it unless you are sure.
2007-12-03 05:27:24 · answer #5 · answered by K N 123 3 · 0⤊ 1⤋
No. Even if you are innocent, never, ever give up your rights.
2007-12-03 05:21:04 · answer #6 · answered by Anonymous · 0⤊ 1⤋